CRM/LAW C144 Chapter Notes - Chapter PEOPLE V RUSSELL: Depraved-Heart Murder, Negligent Homicide

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Underlying facts, the actual crime that took place. The three defendants battled each other in a shootout on the central mall of the red. Intentionally aided the defendant who fired the fatal shot (penal law 20. 00) Defendants were all charged with second-degree murder. The jury convicted defendants of second-degree, depraved-indifference murder (penal. Intentionally aided the defendant who fired the fatal shot. Defendants urge, however, that the evidence adduced at trial did not support a finding that they as adversaries in a deadly gun battle shared the community of purpose necessary for accomplice liability : we disagree. The fact that defendants set out to injure or kill one another does not rationally preclude a finding that they intentionally aided each other to engage in the mutual combat that caused daly"s death. People v. abbott (1981: that case involved two defendants, abbott and moon, who were engaged in a.

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